Massachusettsforest Cutting Practices Act

CH. 132

GUIDANCE DOCUMENT

MassachusettsForest Cutting Practices Act

(M.G.L. CH. 132, §. 40-46)

Massachusetts Department of Conservation and Recreation

Division of State Parks and Recreation

Bureau of Forestry

Effective: January 1, 2004

Table of Contents

Introduction...... 1

History Of The Massachusetts Forest Cutting Pratices Act

Text Of The Forest Cutting Practices Act M.G.L. Ch 132, §. 40-46

Text Of The Slash Law M.G.L. Chapter 48, §16-16a

Relationship Of The Forest Cutting Practices And The Wetlands Protection Acts

Map Of Areas Under The Jurisdiction Of The Wetland Protection Act...... 11

Mou Between The Dep And The Dcr

Rare And Endangered Species Requirements Of Ch. 132

Directions For Filing And Preparing The Forest Cutting Plan M.G.L. Ch 132 § 40-46

Forest Cutting Plan

Appendix A: Silvicultural Prescriptions...... 30

Appendix B: Procedure For Long-Term Management/Short-Term Harvest Determination.34

Appendix C: Classification Of Individual Trees...... 35

Appendix D: Forest Types...... 37

Appendix E: Forest Cutting Plan Codes...... 39

Appendix F: Silvicultural References...... 40

Appendix G: Dcr Regional Offices...... 41

1

INTRODUCTION

This guidance document is meant to provide information about the Massachusetts Forest Cutting Practices Act (M.G.L. Chapter 132, Sections 40-46), assist in the proper preparation of a forest cutting plan and provide the necessary forms and references. The first section provides the historical background and key revisions to the law over the past 60 years including an overview of the most recent changes effective January 1, 2004. The second section provides the section text of Chapter 132 and discusses the relationships between Chapter 132 and other Massachusetts laws. The third section contains the directions for preparing a forest cutting plan and the cutting plan forms. Finally, this section is followed by a series of supporting appendices that will aid plan preparers.

It is hoped that this guidance document will answer most questions you may have regarding the Forest Cutting Practices Act. If any questions remain unanswered you are urged to contact a DCR Service Forester for assistance.

HISTORY OF THE MASSACHUSETTS FOREST CUTTING PRATICES ACT

This section provides the historical background and some of the forest biological and engineering relationships that were used as a basis for the original Forest Cutting practices Act and regulations. The section should be read by those who wish to gain a general understanding of the development of the statute and the philosophical approach to the regulations taken by the State Forestry Committee.

The Beginnings of Chapter 132

Several factors led to the Massachusetts Forest Cutting Practices Act. In the early 1900s, a growing concern among the public emerged over indiscriminate cutting in the forests of Massachusetts, particularly for wooden box manufacturing. In addition, the 1938 hurricane which laid waste to millions of board feet of timber created a shocking awareness of the importance of the forest for the Commonwealth’s citizens. Moreover, there was considerable concern that the federal government was poised to pass federal regulation of state forest cutting practices. As a result, Governor LeverettSaltonstallappointed a special advisory committee in 1940 to study forestry issues facing the Commonwealth. This committee recommended that legislation be passed to:

• Create regional state forestry committees to develop standards leading to the elimination of destructive cutting practice;
• Change the tax law related to forestland and limit assessments to no more than five dollars and acre and create a method to defer taxes on timber until a harvest;
• Provide for demonstrations of forestry practices by state foresters for owners of woodlands.

The 1943 and 1957 regulations

The Forest Cutting Practice Act, Ch. 132, Sections 40-45 was passed in 1943. The sections included a declaration of forest policy for all forest lands in the Commonwealth, set up a state forestry committee to develop forest cutting practices, and provided for administration of these practices. Section 41 required that “trees of desirable species and of suitable size shall be retained and uncut so as to stand singly or in groups and be distributed in the manner and in the numbers best designed to secure restocking; except that provision shall be made for clear cutting in such individual cases as shall be approved by said director”.

Ensuing regulations required the landowner to give notice of intent to cut and charged the Director of the Division of Forests and Parks with preparing cutting plans and checking on their performance. In 1957 section 46 was added to permit licensing of timber harvesters.

The 1983 changes

It eventually became too time consuming for state personnel to prepare all the necessary plans and effectively administer the Act. In 1977, a Governors Policy Committee called for radical revision of sections 40 through 46 that would change state responsibilities. Several critical changes were made and signed into law in January 1983. These changes specified that the minimum cutting practices to promote the public interest were no longer set up in the act, rather their design was left to a State Forestry Committee and, these standards were expanded to represent a cross section of forest interests. Most important, the owner was charged with presenting a complete cutting plan along with the notice of intent to cut to the Division of Forests and Parks regional offices. Failure to submit a plan, or to follow it once approved, could be punishable by a fine of not more than 100 dollars per acre cut. The state was now responsible only for approving the plan and inspecting work on the ground to insure compliance and the Director or his agent could issue a stop order if cutting was not in accordance with the plan. These changes formalized the state’s role to one of administration and enforcement of the Forest Cutting Practices Act. As part of these changes, a report of the State Forestry Committee was called for that not only outlined the law, but provided the underlying justification for the practices. This report isvery useful in putting the modern laws in context and is available from the regional offices.

The 1995 Revisions

More than nine years of intensive review preceded the 1995revisions to the Massachusetts Forest Cutting Practices Act (FCPA) regulations. The primary focus of the review was the impact of forestry practices on water quality, the coordination of wetlands and forestry regulations, and the efficiency of the Department of Environmental Management’s (DEM) administration of the regulations.

In 1986, as a result of concerns from the environmental community over potential impacts to water quality and wetlands, the DEM initiated a statewide review of environmental impacts from forestland management practices under the Massachusetts Environmental Policy Act (MEPA) review process. This process called for the preparation of a Generic Environmental Impact Report (GEIR) to study the impact of forestry practices, particularly those regulated by the Forest Cutting Practices Act, on water quality and other environmental elements. The final GEIR, published in 1992, included a variety of recommendations for improvement to the cutting practices regulations and strongly urged DEM and DEP to work together through training programs and Memoranda of Understanding (MOU).

Following the acceptance of the GEIR by the Secretary of Environmental Affairs, the StateForestry Committee began the process of revising the cutting practices regulations. This was accomplished by forming a forestry subcommittee of the Farmland Advisory Committee. This subcommittee was composed of individuals with broad and diverse backgrounds in forestry and environmental protection and charged with the task of revising the Wetlands Protection Act regulations governing agricultural exemptions and the forest cutting practices regulations.

In late 1994, the State Forestry Committee reviewed and approved this subcommittee’s recommendations. In February and March of 1995, public hearings were held jointly for both sets of regulations (FCPA and WPA). In September, 1995 the regulations were submitted to the Secretary of State for promulgation and went into effectJanuary 1, 1996.

The most obvious change to the Forest Cutting Practices regulations (304 CMR 11.00) in 1995 was a change in their format. The sequence of the regulations was changed to make them easier to understand. Procedural requirements were gathered into one section and placed in sequential order. In addition, the regulations dealt with a number of specific issues including the following:

• land use changes;
• clarification of the relationship between the Forest Cutting Practices Act and the Wetlands Protection Act;
• treatment of permanent crossings of streams and wetlands (they must be reviewed and approved by the local Conservation Commission);
• Natural Heritage and Endangered Species (NHESP) program review procedures;
• landowner’s objectives;
• cuttingstandards for silviculture.

This set of regulations is still in effect today.

The 2004 changes (effective January 1, 2004)

The previous changes to Chapter 132 were regulatory in nature. These processes resulted in forest cutting plans that were effective for resource professionals, but quite confusing to the average forest landowner. The purpose of the 2004 changes was to add educational elements to the forest cutting plans without regulatory changes. The goal was a plan that would help landowners make educated harvesting decisions and place a renewed emphasis on the landowner’s objectives.

Meetings were held in the spring of 2002 with interested parties to present and discuss proposed changes to the Forest Cutting Plan forms. The Bureau of Forestry was represented at membership or board meetings of the Massachusetts Wood Producers Association, the Massachusetts Association of Professional Foresters, the Massachusetts Forestry Association, the Forest Stewards Guild and the State Forestry Committee. The Bureau also received many written comments and suggestions from groups and individuals in the wider forestry community. It was apparent from the interest and discussions that all groups shared a long-term concern and desire to promote sound forestry in the state. Additional modifications were made to strengthen the educational value of the cutting plan without any additional regulations. Three public meetings of the state forestry committee were conducted in the fall and early winter of 2002 during which additional input was given and modifications were made. After approval of the changes to the cutting plan form by the Director of Forests and Parks, the changes became effective January 1, 2004. It was agreed that these changes would be revisited in 18 months to determine how well they worked and if modifications are needed in the future. The highlights of the changes are as follows:

1. Landowner Information Sheet: The first two pages of the modified cutting plan are used to provide information to the landowner. The information includes background on the Forest Cutting Practices Act, the importance of the landowner’s objectives, the landowner’s responsibilities and forest management planning. These pages are part of the complete forest cutting plan. They can be removed and retained by the landowner after they have been readand the cutting plan has been signed.

2. New Information: The new information required on page 3 of the cutting plan form includes the following:

• A blank spaces included in the “DCR Only section” for the Service Forester to record the type of impact of the proposed harvest on endangered species as provided by the Mass. Natural Heritage and Endangered Species Program.
• The plan preparer is asked to indicate the category that best describes the preparer. The categories are Mass. Licensed Forester, Licensed Timber Harvester, Landowner, Timber Buyer or Other.
• Licensed foresters are asked to provide their license number. It is required when cutting land classified under Ch. 61,61A or enrolled in Forest Stewardship.

3. Verification Statement: The following statement has been inserted under the Cutting Standards Section on page 4: “Volumes and values indicated in the Plan are as reported by the plan preparer and have not been independently verified by the service forester upon approval”.

4. Landowner Signature: The landowner is asked to choose between two objectives, Long-term Management (LT), or Short-term Harvest (ST). Long-term Forest Management means the planned management of the forest to achieve one or more of the following objectives: maximizing long-term income, maintaining or enhancing wildlife habitat, improving recreational opportunities, protecting soil and water quality or improving forest aesthetics.

Short-term Harvest means the selection of trees for cutting based on the economic value of individual trees which commonly results in a residual forest stand dominated by poor quality trees and low value species. The appointment of agent has been moved to a separate form.

5. Modified Narrative Page: The narrative page has been modified to help the plan preparerprovide the currently required information. No new information is required.

TEXT OF THE FOREST CUTTING PRACTICES ACTM.G.L. CH 132, §. 40-46

Sections 40 – 46 make up the actual Forest Cutting Practices Act. These sections are presented below for reference and further context.

Section 40. Declaration of policy of commonwealth - It is hereby declared that the public welfare requires the rehabilitation, maintenance, and protection of forest lands for the purpose of conserving water, preventing floods and soil erosion, improving the conditions for wildlife and recreation, protecting and improving air and water quality, and providing a continuing and increasing supply of forest products for public consumption, farm use, and for the wood using industries of the commonwealth.

Therefore, it is hereby declared to be the policy of the commonwealth that all lands devoted to forest growth shall be kept in such condition as shall not jeopardize the public interests, and that the policy of the commonwealth shall further be one of cooperation with the landowners and other agencies interested in forestry practices for the proper and profitable management of all forest lands in the interest of the owner, the public and the users of forest products.

Section 41. State forestry committee; forest cutting practices and guidelines. - The governor shall appoint a state forestry committee, to consist of eight members representing, respectively: forest land owners; primary wood using industries; licensed timber harvesters; consulting foresters; environmental organizations; water supply agencies; fisheries and wildlife; and one member representing the public at large. The director of the division of forests and parks, hereinafter referred to as the director, shall be an ex officio member of the committee and shall vote only in case of a tie.

In the initial appointments of said committee members, three shall be appointed for a one year term, three for a two year term, and two for a three year term. Thereafter, as the term of a committee member expires, his successor, with like qualifications as his predecessor shall be appointed for a term of three years. Said committee shall select its own chairman. The members of said committee shall serve without pay, but shall be reimbursed for actual traveling expenses within the commonwealth, when approved by said director.

The state forestry committee, with recommendations of such other advisory committees as the director in his discretion may appoint, shall prepare tentative minimum forest cutting practices and guidelines. Before recommending any forest practices, said committee shall hold hearings, with due notice being given, in conformance with chapter thirty A, in at least three places conveniently located throughout the commonwealth. Said committee may thereafter recommend such practices or modifications thereof and submit them to the director of forests and parks. Said director shall, subject to the approval by the commissioner of environmental management, thereupon adopt the practices and place them in effect, by posting in all city and town halls in the region affected and by publication in at least one daily newspaper in every county affected. Such approved practices may be amended at any time by said committee in the same manner, on its own motion or upon the petition of not less than twenty-five forest owners or licensed timber harvesters of the commonwealth or upon petition of any person authorized under section four of chapter thirty A.

Section 42. Notice of proposed cutting of forest products; final work order; report to director; appeal of decision of director. - Every owner of land who proposes to cut forest products on land devoted to forest purposes, or to cause such products to be cut, except as provided in section forty-four, shall send by certified mail or hand deliver written notice of his intention to begin any cutting operation to the abutters of record on file with the assessors of the town in which the land lies, and whose closest boundary is within two hundred feet of the edge of the cutting area, at least ten days prior to operations; and shall send by certified mail or hand deliver, written notice of his intention to begin any cutting operation, and his proposed cutting operation, and his proposed cutting plan, including information as may be necessary to describe such proposed activity, to the director or his agent at the appropriate regional office and to the conservation commission of the town in which the land lies at least ten days prior to operations; and in the case of classified forest land, the owner shall provide a reasonable estimate on the stumpage value of the forest products to be cut and properly paint or blaze any boundaries located within fifty feet of the cutting area.